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Home My WebLink About2009 Local Law #3, Amendment to Subdivision Regs • NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. • ❑ County ❑ City of DI.I,n 61 j2ic Town ❑ Village Local Law No. of the year 20 09 A local law AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS, OF THE TEAM OF DANBY RELATED TO THE CLASSII-ICATIOIQ OF LAND DI VISIONS Be it enacted by the 1 WN 'WARD of the (Name o Legislative Body) ❑ County ❑ City of DANRY as follows: Town ❑ Village (Delete this line of text and enter text of local law here) RECEIVED 0 0 1 1 6 2 0 0 9 TOWN OF DANBY TOWN OF DANBY LOCAL LAW NO 3 of 2009 "A LOCAL LAW AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS" SECTION 1. The "Subdivision and Land Division Regulations of the Town of Danby,New York", as amended through August 13, 2007, are hereby further amended as described in this local law. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239 (Rev.05/05) Page 1 of 3 SECTION 2. Article It Section 201, "Classification of Land Divisions" Subsection B. is hereby amended to read as follows: "B. LAND DIVISION BY PERMIT—A division of land in which all criteria are met for one of the following options: 1. Option#1 —A large-lot land division is permitted, provided the following criteria are met: a. All lots resulting from the land division are eight(8) acres or more, each with frontage on a public road maintained year-round; b. All lots resulting from the land division meet all other pertinent zoning requirements; and c. No extension or improvement of an existing, or creation of a new public road, public utility, or other public facility or area is involved. 2. Option#2—A small-lot land division is permitted, where the division results in a lot or lots of less than 8 acres,provided that the following criteria are met: a. No other division(s) or subdivisions(s) involving the parcel being divided except for Land Annexation have taken place within the previous three (3) consecutive years; b. The division results in no more than two lots, including the parcel being divided; c. All lots resulting from the land division have frontage on a public road maintained year-round; d. All lots resulting from the land division meet all other pertinent zoning requirements; and e. No extension or improvement of an existing, or creation of a new public road, public utility, or public facility or area is involved." SECTION 3. Severability If any provision of this local law is found to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. SECTION 4. Effective Date This local law shall take effect 10 days after its publication in the official newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 a 9 of the (County)(City)(Town)(Village)of DAN BY was duly passed by the TOWN BOARD = on SERE/VI BER- ,20.05( .in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 _ ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general) (special)(annual)election held on 20 . in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 .Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 . in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none, the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev.05/05) Page 2 of 3 w •, 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general)election held on 20 ,.became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of ._ .. State of New York, having been submitted to the electors at the General Election of November ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcrrt therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in paragraph , above. Oebt.o.e(40.- 4.0tA.A% Clerk of the county legislative body,Citfq or Village Clerk or officer designated by local legislative body (Seal) Date: OCTOBER 8, 2009 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. • Signature TOWN ATTORNEY Title County Cityof DAN BY Village Date: ,GI I Oct DOS-239 (Rev.05/05) Page 3 of 3 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City of ..61,n by ;Sc Town J/ ❑ Village Local Law No. of the year 20 cc/ A local law AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOW* OF DANBY RELATED TO THE CLASSIFICATION OF LAND DI VISIONS Be it enacted by the TOWN EQARD of the (Name of Leg slative Body) ❑ County ❑ City of DANRY as follows: • Town ❑ Village (Delete this line of text and enter text of local law here) RECEIVED OCT 16 2009 TOWN OF DANBY TOWN OF DANBY LOCAL LAW NO 3 of 2009 "A LOCAL LAW AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS" SECTION 1. The "Subdivision and Land Division Regulations of the Town of Danby, New York", as amended through August 13, 2007, are hereby further amended as described in this local law. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239 (Rev.05/05) Page 1 of 3 SECTION 2. Article II, Section 201, "Classification of Land Divisions" Subsection B. is hereby amended to read as follows: "B. LAND DIVISION BY PERMIT—A division of land in which all criteria are met for one of the following options: 1. Option #1 —A large-lot land division is permitted, provided the following criteria are met: a. All lots resulting from the land division are eight (8) acres or more, each with frontage on a public road maintained year-round; b. All lots resulting from the land division meet all other pertinent zoning requirements; and c. No extension or improvement of an existing, or creation of a new public road, public utility, or other public facility or area is involved. 2. Option #2 —A small-lot land division is permitted, where the division results in a lot or lots of less than 8 acres, provided that the following criteria are met: a. No other division(s) or subdivisions(s) involving the parcel being divided except for Land Annexation have taken place within the previous three (3) consecutive years; b. The division results in no more than two lots, including the parcel being divided; c. All lots resulting from the land division have frontage on a public road maintained year-round; d. All lots resulting from the land division meet all other pertinent zoning requirements; and e. No extension or improvement of an existing, or creation of a new public road, public utility, or public facility or area is involved." SECTION 3. Severability If any provision of this local law is found to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. SECTION 4. Effective Date This local law shall take effect 10 days after its publication in the official newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 a 9 of the (County)(City)(Town)(Village)of DAN BY was duly passed by the TOWN BOARD onSEPEMBE'RL ,2009i in acord 'nce with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Officer') on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 (Elective Chief Executive Officer') Such local law was submitted to the people by reason of a (mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual)election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 .Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none, the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev.05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcrrt therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph , above. Otag Clerk of the county legislative body,Ci,own or Village Clerk or officer designated by local legislative body (Seal) Date: OCTOBER 8, 2009 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF, TOMPK I NS I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. 01, Signature TOWN ATTORNEY Title County Cityof DAN BY Village Date: 101 lc2 I Oct DOS-239 (Rev.05/05) Page 3 of 3 r. ] COPY STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORTES-VAZQUEZ GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE October 21, 2009 RECEIVED Kimberly N Rothman ()CT 2 3-2009 Miller Mayer LLP TOWNOFDANBy 202 East State Street. Suite 700 Ithaca NY 14850 RE: Town of Danby, Local Law 3. 2009, filed on October 20, 2009 Dear Sir/Madam: • The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny.us. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 • WANV.DOS.STATE.NY.US • E-MAIL:INFO( DOS.STATE.NY.US Town of Danby- Resolution - Amending Subdivision Regulations RESOLUTION NO. 37 OF 2009 ENACTMENT OF A LOCAL LAW AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS WHEREAS, this action is to Consider Enactment of a Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby,New York Related to the Classification of Land Divisions; and WHEREAS, this is a SEQRA Unlisted action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review; and WHEREAS, the proposed local law was referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-1 and—m; and that Department responded on April 16, 2009 that it had determined that the proposal, as submitted, has no negative inter-community or county-wide impacts; and WHEREAS, the Town Board of the Town of Danby on September 14, 2009 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this Unlisted action, hereby makes a negative determination of environmental significance; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number_of 2009, entitled "A Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby Related to the Classification of Land Divisions", a copy of which is attached hereto and made a part of this Resolution; and it is FURTHER RESOLVED,that the Town Board of the Town of Danby file a report with the Tompkins County Department of Planning within thirty(30) days hereof, reporting on the final action taken by the Town Board with respect to this local law; and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law into the minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of adoption of said local law to the Secretary of State of the State of New York. A roll call vote on the resolution resulted as follows: Beavers Aye Connors Aye Klein Aye Salino Aye Carried Unanimously STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held on the21st day of September 2009. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of QatwDanby, thislst day of October, 2009. Carol W. SczepanskiJn Clerk ti • t • OFFICIAL:CC .1" Town of Danby-Resolution -Amending Subdivision Regulations RESOLUTION NO. 37 OF 2009 ENACTMENT OF A LOCAL LAW AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS WHEREAS, this action is to Consider Enactment of a Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby, New York Related to the Classification of Land Divisions; and WHEREAS, this is a SEQRA Unlisted action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review; and WHEREAS, the proposed local law was referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-1 and—m; and that Department responded on April 16, 2009 that it had determined that the proposal, as submitted, has no negative inter-community or county-wide impacts; and WHEREAS, the Town Board of the Town of Danby on September 14, 2009 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this Unlisted action, hereby makes a negative determination of environmental significance; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number_of 2009, entitled "A Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby Related to the Classification of Land Divisions", a copy of which is attached hereto and made a part of this Resolution; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby file a report with the Tompkins County Department of Planning within thirty(30) days hereof, reporting on the final action taken by the Town Board with respect to this local law; and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law into the minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of adoption of said local law to the Secretary of State of the State of New York. A roll call vote on the resolution resulted as follows: Beavers Aye Connors Aye Klein Aye Salino Aye Carried Unanimously STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held on the2lst day of September 2009. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this l st day of October, 2009. a46-e cd.jg,fieht.4) Carol W. Sczepanskic Clerk State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) . 1. APPLICANT/SPONSOR: 2 PROJECT NAME: 1 TOWN OF DANBY AMENDMENT TO SUBDMSION AND LAND DIVISION REGULATIONS 3. PROJECT LOCATION: Municipality DANBY County TOMPKINS 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map): TOWNWIDE IN TOWN OF DANBY 5. IS PROPOSED ACTION: New Expansion x Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: LOCAL LAW AMENDING THE SUBDMSION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS. THE THRESHOLDS FOR LAND DIVISIONS BY PERMIT FROM THE CODE ENFORCEMENT OFFICE,NOT NEEDING PLANNING BOARD APPROVAL,WOULD BE REDUCED. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres (TOWNWIDE) 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? x Yes No If no,describe briefly (ONCE ADOPTED AS AN AMENDMENT) 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? I (Residential Industrial Commercial J Agriculture Park/Forest/Open Space Other Descnbe: VARIOUS LAND USES,TOWNWIDE 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? ( Yes I " No If yes,list agency(s)and permits/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? IYes " No If yes,list agency name and permit/approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? IYes No n.a. I CE'► jaa FY ' •T THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor .; .;111 TOWN OF DANBY TOWN BOARD Date: `t-1 1 , 1V 'Ili d "1:n -tv•6t.-,�Signatun: ),I�f �c G t r f PART 11—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? If yes,coordinate the review process and use the FULLEAF. Yes n No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR,PART 617.6? If no,a negative declaration may be superseded by another involved agency. Yes No (as recommended by Town Planning Bd.,and subject to GML 239 review by T.Co.) C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,sofid waste production or disposal, potential for erosion,drainage or flood problems? See below C2. Aesthetic agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character? See below. C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species? Explain briefly: See below. C4. A community's existing plans or goals as officially adopted,or a change in use or intensity or use of land or other natural resources? See below. C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. See below. C6. Long term,short term,cumulative,or other effects not identified in C1-05? See below. C7. Other impact(including changes in use of either quantity or type of energy)? See below. No adverse impacts are expected with respect to the above features and aspects,as the proposed amendment would decrease the amount of Land Divisions by Permit (which receive no discretionary review related to environmental and similar criteria); and would increase Planning Board review of various land divisions instead as subdivisions(where discretionary review related to environmental impact and other criteria would apply). D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? Yes X No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes X No If yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE(To be completed by Agency) Instructions: For each adverse effect identified above,determine whether it is substantial,large,important,or otherwise significant Each effect should be assessed in connection with its(a)setting(ie.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility,(e)geographic scope;and magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed_ If question D of Part II was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental character of the CEA. ICheck here if you have identified one or more potentially large or significant adverse impacts which MAY occur_ Then proceed directly to the FULL EAF and/or prepare a positive declaration. ( information here if you have determined,based on the infoation and analysis above and any supporting documentation,that the I I proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary the reasons supporting this determination. A negative determination of environmental significance is recommended as described above. TOWN OF DANBY TOWN BOARD Name of Lead Agency RIC DIETRICH 1--dtak) Suor N«soft Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer 5CA C Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from resp.officer) tH � 16� 074 44,3 A* .*s PPS DEPAR G t2 \rCs tk. Edward C.Marx,AICP k 4:''0 aca,Commissioner of Planning :. x -4 Telephone 274-5560 and Public Works '� * P ( * ' Fax(607)274-5578 April 16,2009 Ms. Susan Beeners,Code Enforcement Officer Town of Danby 1830 Danby Road - Ithaca,NY 14850 • Re: Review Pursuant to §239-1,-m and-n of the New York State General Municipal Law Action: Review of Draft Local Law Amending the Subdivision Regulations of the Town of Danby Related to the Classification of Land Divisions Dear Ms.Beeners: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239-1,-m and—of the New York State General Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it has no negative inter-community,or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, ry ` !\ Edward C.Marx,AICP Commissioner of Planning and Public Works Intrusion through Diversity • Page 1 of 2 Subj: Re: Local Law#3 Date: 10/8/2009 8:55:08 P.M. Eastern Daylight Time From: Danbytownclk To: knr @MillerMayer.com Thanks Kim: Late is okay with me. I have been suffering with an extreme attack of"Vertigo" Its better and I can again read my computer screen but still need a walker so that if a dizzy comes over me I have something to help me not fall: It's been the pits but getting better. Will mail out the LL tomorrow. It's ready to go.. Carol In a message dated 10/8/2009 4:28:14 P.M. Eastern Daylight Time, knr @MillerMayer.com writes: Hi Carol, Those items that you have listed are the only ones I need: 1. three copies of the LL 2. publication confirmation (of public hearing and adoption) 3. certified resolution My apologies for the delayed response. Thank you!! Kim *********************************************************************** Kimberly N. Rothman Miller Mayer LLP 202 East State Street Ithaca, NY 14850 (607) 273-4200 (phone) (607) 272-6694 (fax) www.millermayer.com In accordance with Internal Revenue Service Circular 230, please be aware that any discussion of a federal tax issue contained in this communication (including any attachments) is not intended or written to be used, and it cannot be used, by any recipient for the purpose of(i) avoiding penalties that may be imposed on the recipient under United States federal tax laws, or(ii)promoting, marketing or recommending to another party any tax-related matters addressed herein. This e-mail message and any attachments are confidential may be protected by the attorney-client, work product or other privileges. If you received this message in error, please reply to the message and then delete the message and any copies from your computer, including from your in-box, your sent message folder, and your deleted messages folder. Original Message From: Danbytownclk @aol.com [mailto:Danbytownclk @aol.com] Sent: Thursday, October 08, 2009 2:37 PM To: Kim Rothman Subject: Local Law #3 Friday, October 09, 2009 America Online: Danbytownclk Page 2 of 2 Hi Kim: On Octobrt 2 I sent you an e-mail requesting information on what I needed to send you to file our Local Law#3. I believe you returned my information to the Supervisor but he did not get it to me. The Town Board adopted L L#3 on Sept. 14th. Do you need three copies of the LL, publication confirmation (of public hearing and adoption., and certified resolution? Anything else? Carol Sczepanski Friday, October 09, 2009 America Online: Danbytownclk II MILLER MAYER, LLP 202 East State Street, Suite 700 Ithaca,NY 14850 607-273-4200 Fax: 607-272-6694 E-Mail:lmr"millermayer.com WWW:http://www.millermayer.com/ MEMORANDUM To: Susan Beeners From: Kimberly N. Rothman, Esq. Date: July 6, 2009 ( 1 Subject: Procedural Requirements for Passage of Subdivision Regulations in the Town of Danby This memo is intended to outline the procedural steps that the Town of Danby must undertake in relation to the passage of the amended Subdivision Regulations of the Town of Danby. ❑ Refer Proposed Amendment to County Planning Board ("CPB")-General Municipal Law § 239-m • Proposed Amendment sent to CPB Spring, 2006 and CPB response was delivered to Town on May 11, 2006, modifications were recommended • Revised Proposed Amendments sent to CPB and CPB response delivered to Town on , [approval was/was not granted/modifications were recommended] ❑ Publish Notice of Public Hearing(at least 10 days prior to public hearing, stating time and place of hearing,published in newspaper of general circulation in Town)-Town aw § 64--. Or /I Send Notice to the Following Parties (at least 10 days prior to the date of the public Chearing) General Municipal Law § 239-m and § 239-nn: -a- Exe ve Director of any housing authority within 500 feet of Town bounce • Clerk of all neighboring towns, villages, cities -�' Clerk of Board of Supervisors of all neighboring counties • Regional State Park Commission of any state park within 500 feet of Town Boundary ❑ Majority plus one vote of own i I . -1 1 ecessary to pass Subdivision Regulations (ONLY if County Planning Board does not approve Amendments)-General Municipal Law § 2391n ' 411 yvt.1 I- ill I Otk 1 C1 ❑ Enter Amendment to Subdivision Regulations in official minutes of Town Board Meeting(Referencing in minutes and stapling a copy of full text to official meeting minutes is sufficient)—Town Law § 264 ❑ Send Report on Final Action taken by Town Board to County Planning Board (setting forth the reasons that County's recommended modifications were not fully adopted, within thirty days of approval)—General Municipal Law § 239-m ❑ Publish a Summary/Abstract of Amendment in Newspaper(publish once, affidavits of publication must be filed with town clerk)—Town Law § 264 ❑ Amendment to take effect 10 days after publication of summary/abstract—Town Law § 264 H:\7935\005\Memo re Adoption Procedures for Subdivision Regs.doc 2 AFFIDAVIT OF PUBLICATION The Ithaca JOURNAL State of New York, Tompkins County, ss: Lovissa Melia being duly sworn, deposes and states aforesaid that she/he is Clerk of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid and that a notice of which the annexed is a true copy was published in said paper: 6/12/2009 Subscribed and sworn to before me this 16th day of June, 2009 ./ii /� . ...2,_-_.• - , Notary Public ARTY LESKO' Rotary' Public, State of New Veil i la TOWN OF DANDY County of Tioga, 4722796 eau Ci ,� LEGAL NOTICE ' ADOPTION OF nmmittioe Esuire, rf/9�/�� O LOCAL LAWS Z i � ;PLEASE TAKE NOTICE; •that the Town Board of the 0 Town of Danby at a regu- lar meeting of the Town ' Board held.on Monday, CP June 8,2009 adopted Lo- cal Law No.2 of 2009 •entitled A Local Law Relat- *ed to the Right td Engage in Agricultural Activity in the Town of Danby and', 'Local Law. No 3 of, '2009 entitled A Local Law Amending the Subdi- vision and Land Division 'Regulations of the Town of •Danby Related to the Clas- sification of Land Divisions. Dated: June 10,2009 Publish:June 12,2009 ii\ TOWN OF DANBY ADOPTION OF LOCAL LAW NO. 3 OF 2009 PLEASE TAKE NOTICE,that at a regular meeting of the Town Board held on Monday , September 2l st.2009. Town Board of the Town of Danby adopted Town of Danby Local Law No. 3 of 2009 entitled: "A LOCAL LAW AMENDING HE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO CLASSIFICATION OF LAND DIVISIONS". This local law revises the lot sizes and the time intervals which would allow certain land divisions to be approved by permit. Copies of Local Law No. 3 may be obtained from the Town Clerk during regular office hours: Tuesday - Friday - 9:00 a.m. -4:00 p.m. and Saturday 9:00 a.m. - noon Dated: September 25, 2009 Publish: September 29, 2009 Carol W. Sczepanski Town Clerk, Town of Danby Affidavit of Publication Requested 113-leg-not-09-09 Page 1 of 1 Subj: Legal for Publication Date: 8/28/2009 3:24:17 P.M. Eastern Daylight Time From: Danbytownclk To: legals @pressconnects.com TOWN OF DANBY LEGAL NOTICE PLEASE TAKE NOTICE, that the Town Board of Danby will hold a public hearing on September 14, 2009 at 6:30 P.M. for a Proposed local law entitled: A LOCAL LAW AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO CLASSIFICATION OF LAND DIVISIONS This local law revises the lot sizes and the time intervals which would allow certain land divisions to be approved by permit Copies of the proposed local law may be obtained from the Town Clerk during regular office hours. All persons will be heard either in person or in writing. By Order of the Town Board Carol Sczepanski , Town Clerk Dated: August 28 , 2009 Publish: August 31, 2009 Affidavit of Publication Requested 'SFr ` Uvy O,c 04��Gy Friday, September 25, 2009 America Online: Danbytownclk Page 1 of 1 Subj: Fwd: Sub Regs Local Law notice Date: 8/27/2009 4:12:38 P.M. Eastern Daylight Time From: SBeeners To: knr(a�millermayer.com CC: Danbytownclk, supervisor @town.danby.ny.us, roerobert4 @gmail.com Hi, Kim -Carol and I decided that we are going ahead with the below in the public hearing notice. Sue In a message dated 8/27/2009 1:36:18 P.M. Eastern Daylight Time, SBeeners writes: 7 Hi, Kim For the Sub Regs public hearing notice, I have suggested that the following phrase follow the title of the local law -please let us know if this is okay. Thanks, Sue This local law revises the lot sizes and the time intervals which would allow certain land divisions to be approved by permit. Forwarded Message: Subj: Sub Regs Local Law notice Date: 8/27/2009 1:36:18 P.M. Eastern Daylight Time From: SBeeners To: knr @millermayer.com CC: Danbytownclk, supervisor@town.danby.ny.us Hi, Kim For the Sub Regs public hearing notice, I have suggested that the following phrase follow the title of the local law- please let us know if this is okay. Thanks, Sue This local law revises the lot sizes and the time intervals which would allow certain land divisions to be approved by permit. Friday, August 28, 2009 America Online: Danbytownclk Wr /fl, 7 .---DiTh TOWN OF DANBY ` J RESOLUTION NO. 24 OF 2009 ENACTMENT OF A LOCAL LAW AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS By Councilperson Klein: Seconded by Supervisor Dietrich WHEREAS, this action is to Consider Enactment of a Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby, New York Related to the Classification of Land Divisions; and WHEREAS, this is a SEQRA Unlisted action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review; and WHEREAS, the proposed local law was referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-1 and—m; and that Department responded on April 16, 2009 that it had determined that the proposal, as submitted, has no negative inter-community or county-wide impacts; and WHEREAS, the Town Board of the Town of Danby on June 1, 2009 has held a public hearing to hear all interested parties in the matter,which hearing was duly advertised in the Ithaca Journal; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this Unlisted action, hereby makes a negative determination of environmental significance; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number 3: of 2009, entitled"A Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby Related to the Classification of Land Divisions", a copy of which is attached hereto and made a part of this Resolution; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby file a report with the Tompkins County Department of Planning within thirty(30) days hereof, reporting on the final action taken by the Town Board with respect to this local law; and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law into the minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of adoption of said local law to the Secretary of State of the State of New York. \ I STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York,hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held on the 8th day of June 2009. IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby, this 11th day of June 2009. arol W. Sczepans i, / own Clerk • NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City by of D/Ln "5}c Town ❑ Village Local Law No. '' of the year 20 a 9 A local law ANENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE tre'VIT t) OF DANBY RELATED TO THE CLASSIFICATION OF LAND _' F DICISIONS Be it enacted by the TOWt BOARD of the (Name of Legislative dy) ❑ County ❑ City of DANBY as follows: Town ❑ Village (Delete this line of text and enter text of local law here) TOWN OF DANBY LOCAL LAW NO 3 of 2009 "A LOCAL LAW AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS" SECTION 1. The "Subdivision and Land Division Regulations of the Town of Danby,New York", as amended through August 13, 2007, are hereby further amended as described in this local law. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239 (Rev.05/05) Page 1 of 3 SECTION 2. Article II, Section 201, "Classification of Land Divisions" Subsection B. is hereby amended to read as follows: "B. LAND DIVISION BY PERMIT—A division of land in which all criteria are met for one of the following options: 1. Option#1 —A large-lot land division is permitted,provided the following criteria are met: a. All lots resulting from the land division are eight(8) acres or more, each with frontage on a public road maintained year-round; b. All lots resulting from the land division meet all other pertinent zoning requirements; and c. No extension or improvement of an existing, or creation of a new public road, public utility, or other public facility or area is involved. 2. Option#2—A small-lot land division is permitted, where the division results in a lot or lots of less than 8 acres, provided that the following criteria are met: a. No other division(s) or subdivisions(s) involving the parcel being divided except for Land Annexation have taken place within the previous three (3) consecutive years; b. The division results in no more than two lots, including the parcel being divided; c. All lots resulting from the land division have frontage on a public road maintained year-round; d. All lots resulting from the land division meet all other pertinent zoning requirements; and e. No extension or improvement of an existing, or creation of a new public road, public utility, or public facility or area is involved." SECTION 3. Severability If any provision of this local law is found to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. SECTION 4. Effective Date This local law shall take effect 10 days after its publication in the official newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 1 of the (County)(City)(Town)(Village)of DAN BY was duly passed by the TOWN BOARD - on SEPEMBER a,2009'. in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 _ _,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual)election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 .Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none, the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev.05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcrpt therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in paragraph + , above. OeLtei-e tc)Se- 4<tzia.2 Clerk of the county legislative body,City Town or Village Clerk or officer designated by local legislative body (Seal) Date: OCTOBER 8, 2009 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF-. TOMPKINS I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature TOWN ATTORNEY Title County Cityof DANBY Village Date: DOS-239 (Rev.05/05) Page 3 of 3 Message Page 1 of 1 Subj: RE: Local Law#3 Date: 10/8/2009 4:28:14 P.M. Eastern Daylight Time From: knr @MillerMayer.com To: Danbytownclk©aol.com Hi Carol, Those items that you have listed are the only ones I need: 1. three copies of the LL 2. publication confirmation (of public hearing and adoption) 3. certified resolution My apologies for the delayed response. Thank you!! Kim Kimberly N. Rothman Miller Mayer LLP 202 East State Street Ithaca, NY 14850 (607) 273-4200 (phone) (607) 272-6694 (fax) www.millermayer.com In accordance with Internal Revenue Service Circular 230,please be aware that any discussion of a federal tax issue contained in this communication(including any attachments)is not intended or written to be used, and it cannot be used, by any recipient for the purpose of(i) avoiding penalties that may be imposed on the recipient under United States federal tax laws, or(ii)promoting, marketing or recommending to another party any tax- related matters addressed herein. This e-mail message and any attachments are confidential may be protected by the attorney-client, work product or other privileges. If you received this message in error, please reply to the message and then delete the message and any copies from your computer, including from your in-box, your sent message folder, and your deleted messages folder. Original Message From: Danbytownclk @aol.com [mailto:Danbytownclk @aol.com] Sent: Thursday, October 08, 2009 2:37 PM To: Kim Rothman Subject: Local Law #3 Hi Kim: On Octobrt 2 I sent you an e-mail requesting information on what I needed to send you to file our Local Law#3. I believe you returned my information to the Supervisor but he did not get it to me. The Town Board adopted L L#3 on Sept. 14th. Do you need three copies of the LL, publication confirmation (of public hearing and adoption., and certified resolution? Anything else? Carol Sczepanski Friday, October 09, 2009 America Online: Danbytownclk (11 (C)111/4-; ISI ? , 5 �� O i I.egats TOWN OF DANBY PUBLIC HEARING NOTICE PLEASE TAKE. NOTICE, that the Town Board of the ' Town.of Danby will hold two(2) public hearings on Monday, June.1, 2009 at 6:30 p.m. at the Danby • Town Hall, 1830 Danby, Road,Ithaca,New York 1.To consider a proposed • local law entitled A.LOCAL LAW RELATED TO THE i RIGHT TO ENGAGE IN AGRICULTURAL ACTIVITY TOWN OF DANBY 2.To consider a-proposed • local law entitled A LOCAL LAW AMENDING THE SUBDIVISION AND LAND. DIVISION REGULATIONS OF THE TOWN OF s DANBY RELATED TO CLASSIFICATION OF LAND DIVISIONS Copies of the proposed ' local laws may be ob- tained from the Town Clerk during regular office ' ' hours. All persons will be heard either in person or in Writ- ing before the hearings.. By Order of the Town _ Board Carol W. Sczepanski, - Town Clerk Dated: May 22,2009 I Publish:May 26,2009 5/26/09 . ,_ , , , ,,, , cn 7 ,,, RESOLUTION NO. 23 OF 2009 7 ENACTMENT OF A LOCAL LAW RELATED TO THE RIGHT TO ENGAGE IN AGRICULTURAL ACTIVITY IN THE TOWN OF DANBY By Councilperson Klein: Seconded by Councilperson Connors WHEREAS, this action is to Consider Enactment of a Local Law Related to the Right to Engage in Agricultural Activity in the Town of Danby; and WHEREAS,this is a SEQRA Type II action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review, and for which no further environmental review is required; and WHEREAS, the proposed local law was referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-1 and—m; and that Department responded on April 24, 2009 that it had determined that the proposal, as submitted, has no negative inter-community or county-wide impacts; and WHEREAS, the Town Board of the Town of Danby on June 1, 2009 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number Q of 2009, entitled "A Local Law Related to the Right of Engage in Agricultural Activity in the Town of Danby", a copy of which is attached hereto and made a part of this Resolution; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby file a report with the Tompkins County Department of Planning within thirty(30) days hereof, reporting on the final action taken by the Town Board with respect to this local law' and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law into the minutes ofthis meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of adoption of said local law to the Secretary of State of the State of New York. A roll call vote on the resolution resulted as follows: Beavers Nay Connors Aye Klein Aye Salino Nay Dietrich Aye Carried iii.,, Certification for Resolution No. 23 of 2009 STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held on the 8th day of June 2009. IN WITNESS WHEREOF,I have hereunto set my hand and the Seal of the Town of Danby, this 1 lth day of June 2009. Carol W. Sczepan'�own Clerk AFFIDAVIT OF PUBLICATION The Ithaca JOURNAL State of New York, Tompkins County, ss: Jacquelyn C. Curry.being duly sworn, deposes and states aforesaid that she/he is Clerk of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid • and that a notice of which the ann s a true copy w,, publi - in said paper: _ ,... 5/26/09 r • . I Subscribed and sworn to before me this 27th da • of May,2009 • Notary Public • GERALD D.GARRI6ON 1 TOWN OF DANBY Notary Public,State of New York • PUBLIC HEARING NOTICE • No.01GA47513713 PLEASE TAKE NOTICE, Feeafding in Bnjome County 4 • that the Town Board of the M y 31,E0 Town of Danby will hold two(2)•public hearings,on Monday, June 1' 2009 at 6:30 p.m, at the Danby Town Hall, 1830 Danby Road,Ithaca;New York i To consider a proposed local law entitled A LOCAL 'LAW RELATED TO THE 'RIGHT TO ENGAGE IN AGRICULTURAL ACTIVITY • TOWN OF DANBY 2.To consider a proposed . . local law entitled A LOCAL LAW AMENDING THE SUBDIVISION AND LAND • DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO CLASSIFICATION OF ' LAND DIVISIONS • Copies of the proposed •local laws may be ob- tained from the Town Clerk during . regular 'office hours. All persons will be heard either in person or in•writ- ing before the hearings. By Order of..the Town Board Carol W. Sczepanski, Town Clerk Dated: May 22,2009 Publish:May 26,2009 5/26/09 . c 1 2)..--•--7;..*-----..-..-/ 64 ....0 )).J. gg- Di Lk TOWN OF DANBY b' i in LEGAL NOTICE _ \ ADOPTION OF LOCAL LAWS - VI 1 7-- PLEASE TAKE NOTICE, A i • that the Town Board of the S Town arr meeting of the Town C I Board •held on Monday, C 1 June L8,aw 2009 adopted 2009 v � cal Law xi entitled A Local Law Relat- n, ta- ed to the,Right to Engage in c of th Ahe Town of I Danbyyand L ?n the I's 200 entt�ed a A Local P tts Law Amending Amending the Subdi- G m vision and Land Division Regulations of the Town of le s ssiificatiane of t Land Divisions. � nt Dated: June 10,2009 m Publish:June 12,2009 Tpluns Cognty DEPARTM EN_ OF P ANING 21 at Cou. Stree Edward C.Marx,AICP thaca;New fork 4850 Commissioner of Planning �* Telephone(607) 274-5560 and Public Works . * .� 1 Fax(607)274-5578 April 16,2009 Ms. Susan Beeners, Code Enforcement Officer Town of Danby 1830 Danby Road Ithaca,NY 14850 Re: Review Pursuant to §239-1,-m and-n of the New York State General Municipal Law Action: Review of Draft Local Law Amending the Subdivision Regulations of the Town of Danby Related to the Classification of Land Divisions Dear Ms.Beeners: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239-1 , -m and—n of the New York State General Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it has no negative inter-community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, p Edward C.Marx,AICP Commissioner of Planning and Public Works Inclusion through Diversity Copy PROPOSED RESOLUTION NO. OF 2009 ENACTMENT OF A LOCAL LAW AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS WHEREAS,this action is to Consider Enactment of a Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby,New York Related to the Classification of Land Divisions; and WHEREAS,this is a SEQRA Unlisted action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review; and WHEREAS,the proposed local law was referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-1 and—m; and that Department responded on April 16, 2009 that it had determined that the proposal, as submitted, has no negative inter-community or county-wide impacts; and WHEREAS,the Town Board of the Town of Danby on June 1, 2009 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal; NOW, THEREFORE IT IS RESOLVED,that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this Unlisted action, hereby makes a negative determination of environmental significance; and it is FURTHER RESOLVED,that the Town Board of the Town of Danby adopts Local Law Number_of 2009, entitled"A Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby Related to the Classification of Land Divisions", a copy of which is attached hereto and made a part of this Resolution; and it is FURTHER RESOLVED,that the Town Board of the Town of Danby file a report with the Tompkins County Department of Planning within thirty (30) days hereof,reporting on the fmal action taken by the Town Board with respect to this local law; and it is FURTHER RESOLVED,that the Town Clerk be and she hereby is directed to enter said local law into the minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of adoption of said local law to the Secretary of State of the State of New York. S. Beeners 4/7/09 SUMMARY OF PROPOSED CHANGES: Proposed Town of Danby Local Law No._of 2009 "A LOCAL LAW AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS" In summary,Article II, Section 201,"Classification of Land Divisions"Subsection B. is proposed to be revised as shown below: B. LAND DIVISION BY PERMIT—A division of land in which all criteria are met for one of the following options: 1. Option#1 —A large-lot land division is permitted,provided the following criteria are met: a. All lots resulting from the land division are PRESENTLYFIVE(5), PROPOSED EIGHT(8)acres or more, each with frontage on a public road maintained year-round; b. All lots resulting from the land division meet all other pertinent zoning requirements;and c. No extension or improvement of an existing, or creation of a new public road, public utility, or other public facility or area is involved. 2. Option#2—A small-lot land division is permitted,where the division results in a lot or lots of less than PRESENTLY FIVE(5),PROPOSED 8 acres,provided that the following criteria are met: a. No other division(s)or subdivisions(s)involving the parcel being divided except for Land Annexation have taken place within the previous PRESENTLY TWO (2),PROPOSED THREE(3)consecutive years; b. The division results in no more than two lots, including the parcel being divided; c. All lots resulting from the land division have frontage on a public road maintained year-round; d. All lots resulting from the land division meet all other pertinent zoning requirements; and e. No extension or improvement of an existing, or creation of a new public road, public utility,or public facility or area is involved. Land Divisions by Permit can be approved by the Code Enforcement Office. Other subdivisions not meeting these criteria would require Planning Board review. The following minimum lot sizes would not be changed: Low Density Residential Zone: 2 acres Medium Density Res.Zone 1 1/2 acres High Density Res.Zone 1 acre Commercial Zone 1 acre MILLER MAYER, LLP ATTORNEYS AT LAW R.James Miller Kimberly N.Rothman John Moss Hinchcliff • 202 East State Street,Suite 700 Nicolai Hinrichsen Elena Salerno Flash Ithaca,New York 14850 Kristal Ozmun Rosanne Mayer Telephone:607.273.4200 George R.Pfann,Jr. Fax:607.272.6694 David A.Tyler Of Counsel Web:www.millermayer.com Stephen Yale-Loehr Hilary T.Fraser p knr Laurie M.Johnston n millermayer.com Adam R.Schaye Carolyn S.Lee Hayden R.Brainard,Jr. October 15, 2009 Delivered via Certified Mail, Return Receipt Requested Secretary of State of New York Department of State • Bureau of State Records 41 State Street RFCFIVED Albany, NY 12231 6 2009 Re: Town of Danby-Local Law 3 of the Year 2009 TOWN OF DANBY Dear Sirs and Ladies: Enclosed for filing in your office is the original copy of Town of Danby Local Law No. 3 of the Year 2009 entitled "A Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby Related to the Classification of Land Divisions." Please forward the receipt for filing of this Local Law directly to the Town Clerk at the following address: Carol W. Sczepanski Town Clerk, Town of Danby 1830 Danby Road Ithaca, NY 14850 I have enclosed a prepaid envelope addressed to Carol for this purpose. Please feel free to contact me if you have any questions. I can be reached at (607) 273-4200. Thank you. Sincere , Kimberly N. Rothman cc: Carol W. Sczepanski (w/enlcs.) H:\7935\004\Ltr to DOS re LL3 9-2-09.wpd Page 1 of 1 Subj: Legal Notice-Town of Danby Date: 9/25/2009 5:28:06 P.M. Eastern Daylight Time From: Danbytownclk To: leg a l s(a�p ressco n n ects.co m HI: This is a legal notice from the Town of Danby to be published in the Ithaca Journal on September 29th. Please publish. Carol S. TOWN OF DANBY ADOPTION OF LOCAL LAW NO. 3 OF 2009 PLEASE TAKE NOTICE, that at a regular meeting of the Town Board held on Monday , September 21st.2009. The Town Board of the Town of Danby adopted Town of Danby Local Law No. 3 of 2009 entitled: "A LOCAL LAW AMENDING HE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO CLASSIFICATION OF LAND DIVISIONS". This local law revises the lot sizes and the time intervals which would allow certain land divisions to be approved by permit. Copies of Local Law No. 3 may be obtained from the Town Clerk during regular office hours: Tuesday- Friday-9:00 a.m. -4:00 p.m. and Saturday 9:00 a.m. - noon Dated: September 25, 2009 Publish: September 29, 2009 0� Carol W. Sczepanski ,`( V1 �Town Clerk, Town of Danby �" ' Affidavit of Publication Requested Saturday, October 03, 2009 America Online: Danbytownclk om n TOWN OF DANBY LOCAL LAW NCLIof 2009 "A LOCAL LAW AMENDING THE SaDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN OF DANBY RELATED TO THE CLASSIFICATION OF LAND DIVISIONS" SECTION 1. The "Subdivision and Land Division Regulations of the Town of Danby,New York", as amended through August 13, 2007, are hereby further amended as described in this local law. SECTION 2. Article II, Section 201, "Classification of Land Divisions" Subsection B. is hereby amended to read as follows: "B. LAND DIVISION BY PERMIT—A division of land in which all criteria are met for one of the following options: 1. Option#1 —A large-lot land division is permitted,provided the following criteria are met: a. All lots resulting from the land division are eight(8) acres or more, each with frontage on a public road maintained year-round; b. All lots resulting from the land division meet all other pertinent zoning requirements; and c. No extension or improvement of an existing, or creation of a new public road,public utility, or other public facility or area is involved. 2. Option#2—A small-lot land division is permitted, where the division results in a lot or lots of less than 8 acres,provided that the following criteria are met: a. No other division(s) or subdivisions(s) involving the parcel being divided except for Land Annexation have taken place within the previous three (3) consecutive years; b. The division results in no more than two lots,including the parcel being divided; c. All lots resulting from the land division have frontage on a public road maintained year-round; d. All lots resulting from the land division meet all other pertinent zoning requirements; and e. No extension or improvement of an existing, or creation of a new public road,public utility, or public facility or area is involved." . SECTION 3. Severability If any provision of this local law igYound to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. SECTION 4. Effective Date This local law shall take effect 10 days after its publication in the official newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New York,whichever is later. TOWN OF DANBY LEGAL NOTICE PLEASE TAKE NOTICE, that public hearings will be held by the Town Board of the Town of Danby on Monday, December 14,2009, beginning at 6:30 p.m., at the Danby Town Hall, 1830 Danby Road,Ithaca,NY, 14850 to hear all comments of interested persons related to thle following: 1. Town of Danby proposed Local Law No. 4 entitled "Town of Danby Stormwarter Management, .Erosion and Sediment Control Law": A local law regulating land development activities, by establishing requirements and standards to minimize adverse effects of erosion, sedimentation, point source pollution, and nonpoint source pollution that may result from land development activities. 2. Town of Danby proposed Local Law No. 5 entitled"Stormwater Amendments to Town of Danby Zoning Ordinance": a local law amending the Town of Danby Zoning Ordinance incorporating and/or referencing the requirements of the Town ofDanby Stormdwater Management, Erosion and Sediment Control Law in the Zoning Ordinance. 3. Town of Danby proposed Local Law No. 6 entitled "Stormwater Amendments to Subdivision and Land Division Regulations": A local law amending the Subdivision and Land Division Regulations of the Town of Danby Ordinance incorporating and/or referencing the requirement of the Town of Danby Stormwater Management, Erosion and Sediment Control.Law in the Subdivision and Land Division Regulations of the Town of Danby. This local law also includes enhancement of the criteria upon which"waivers of certain requirements or procedures specified in the Subdivision and Land Division Regulations may be granted. The full text of the proposed Local Laws is on file in the Office of the Danby Town Clerk, located at 1830 Danby Road, and is available for review during office hours. Dated: November 2S, 2009 Publish: November 4 2009 Two(2) Affidavits of Publication requested , TOWN OF C ROLINE TOWN CLERK �',,c,_2.-7- dt ' P O 'BOX /3 6 ��SLATERVIL E SPRINGS NY 14881 cos) //`'�e'"" 602-7P A'Y 13$Z 7 • Tenn of Ithaca Town Clerk 215 North Tioga Street ?w�k,� Ithaca, New York 14850 i • C �aLA r ) e'w`u` v ! 11 06 4 44. asp d 'k TOWN OF NEWFIELD TOWN CLERK 4A-tyef, Air, 165 MAIN STREET k c� NEWFIELD NY k IL/ l lL/`6/ k32V TOWN OF SPENCER TOWN CLERK - �� 79 E TIOGA ST ,- SPENCER NY 14883 - j , TOWN OF VAN ETTEN TOWN CLERK PO BOX 1.77 83 MAIN ST VAN ETTEN NY 14889 / tbr TOMPKINS COUNTY LEGISLATURE V C c J 320 E tqu Sf - ig' ITHACA, NY 14850 iVa' O IP 1-,-'1 OFFICE OFT PARKS & RECREATION FINGER LAKES REGION :':''l V�� 221 TAUGHANNOCK PARK ROAD , , `� TRUMANSBURG; NY 14886 I TOMPKINS COUNTY Tf N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 TO: FROM: Town of Danby DATE: November 25, 2009 RE: Notification of Proposed Local Laws This is to notify you that the Town Board of the Town of Danby will be holding public hearings on Monday,December 14, 2009 beginning at 6:30 p.m., at the Danby Town Hall, 1830 Danby Road, Ithaca,New York, 14850 to consider adopting the following: 1. Town of Danby Local Law - Town of Danby Stormwater Management, Erosion and Sediment Control Law: A local law regulating land development activities, by establishing requirements and standards to minimize adverse effects of erosion,sedimentation,point source pollution,and nonpoint source pollution that may result from land development activities. 2. Town of Danby Local Law-Stormwater Amendments to Town of Danby Zoning Ordinance: A local law amending 6he Zoning Ordinance incorporating and/or referencing the requirements of the Town of Danby Stormwater Management, Erosion and Sediment Control Law in the Zoning Ordinance. 3. Town of Danby Local Law - Stormwater Amendments to Subdivision and Land Division Regulations: A local Law amending the Subdivisions and Land Division Regulations of the Town of Danby Ordinance incorporating and/or referencing the requirements of the Town of Dangy Stormwater Management,Erosion and Sediment Control Law in the Subdivision Regulations of the Town of Danby. This local law also includes enhancement of the criteria upon which waivers of certain requirements or procedures specified in the Subdivision and Land Division Regulations may be granted,. Copies of the above local laws are enclosed. If you need further information or have questions, please contact Susan Beeners, Code Enforcement Officer, (607)77-0799. Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com TOMPKINS COUNTY Tf N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 TO: FROM: TOWN OF DANBY DATE: DECEMBER 4, 2009 RE: Cancellation of public hearings for December 14, 2009 This is to notify you that the public hearings of the proposed local laws 4, 5, and 6 scheduled for December 14, 2009 have been cancelled and will be rescheduled for sometime in January 2010. 1. Town of Danby proposed Local Law No. 4 entitled Town of Danby Stormwarter Management, Erosion and Sediment Control Law: A local law regulating land development activities, by establishing requirements and standards to minimize adverse effects of erosion, sedimentation, point source pollution, and nonpoint source pollution that may result from land development activities. 1. 2. Town of Danby proposed Local Law No. 5 entitled Stormwater Amendments to Town of Danby Zoning Ordinance: a local law amending the Town of Danby Zoning Ordinance incorporating and/or referencing the requirements of the Town of Danby Stormdwater Management, Erosion and Sediment Control Law in the Zoning Ordinance. 3. Town of Danby proposed Local Law No. 6 entitled Stormwater Amendments to Subdivision and Land Division Regulations: A local law amending the Subdivision and Land Division Regulations of the Town of Danby Ordinance incorporating and/or referencing the requirement of the Town of Danby Stormwater Management, Erosion and Sediment Control Law in the Subdivision and Land Division Regulations of the Town of Danby. This local law also includes enhancement of the criteria upon which waivers of certain requirements or procedures specified in the Subdivision and Land Division Regulations may be granted. By Order of the Town Supervisor (?0;60-e T_.efV7(0.‘c,e_je Carol W. Sczepanski, Town C erk Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com TOMPKINS COUNTY IS N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 TO: SUPERVISOR DIETRICH FROM : CAROL SCZEPANSKI, TOWN CLERK OA; DATE: DECEMBER 1 , 200 9 RE: FINAL COPIES OF PROPOSED LOCAL LAWS 4,5, & 6 ENCLOSED ARE FINAL COPIES OF YOUR PROPOSED LOCAL LAWS NO'S 4, 5, AND 6 CWS Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com 3. Town of•Danby pro•I posed Local Law No. 6 entitled , Stormwater Amendments to Subdivi- sion and Land Division, , __- __• Regulations: A local law amending the Subdivision TOWN OF DANBY and Land Division Regula- . LEGAL NOTICE tions of the Town of .Danby Ordinance-incorpo- PLEASE TAKE NOTICE, rating and/or referencing that public hearings will be the requirement of the held by the Town Board of Town of Danby the Town' of Danby on Stormwater Management, Monday, December Erosion and Sediment if 14,2009, beginning at Control Law in the Subdi- ,r 6:30 p.m., at the Danby vision and Land Division r Town Hall, 1830 Danby Regulations of the Town s Road, Ithaca, NY, 14850 of Danby. This local law j to hear all comments of in-also includes enhance-. terested persons related must of the criteria upon to the following: which waivers of certain requirements or proce- r 1.'Town of Danby pro-dures specified in the posed Local Law No. 4 Subdivision and Land Divi- a entitled Town of Danby sion Regulations may be ,f Stormwarter Manage-granted. must, Erosion and Sedi- ment Control Law:A local The full text of the pro- law regulating land devel- posed Local Laws is on h opment activities, by es- file in the Office of the f tablishing requirements Danby Town Clerk, locat- it and standards to minimize ed at 1830 Danby Road, adverse effects of ero• and is available for review sion, sedimentation, point during office hours. e source pollution, and id nonpoint source pollution By Order of the Town id that may result from land Board id development activities. Carol W. Sczepanski, e Town Clerk - 3t 2. Town of•Danby pro- al posed Local Law No. 5 Dated: November 25, • iy entitled Stormwater 2009 0.Amendments to Town of 12/1/2009 Danby Zoning Ordinance: i a local law amending the ;-Town of Danby Zoning Or- e dinance incorporating� in and/or referencing the re-t 1e quirements of the Town of Danby Stormdwater Man-' agement, Erosion. and Sediment Control Law in the Zoning Ordinance. i • •